After a car accident, figuring out who pays for the damage to your vehicle depends on who was at fault and what type of insurance coverage is available. While it may seem simple on the surface, the process can quickly become complicated — especially if the other driver is uninsured or disputes liability.
If the Other Driver Is at Fault
If the other driver is clearly responsible and their insurance accepts fault, their insurer should cover the full cost of repairs to your vehicle. If the cost to repair exceeds the car’s fair market value, the insurance company may declare it a total loss and offer a settlement based on your car’s pre-accident value.
Keep in mind:
- You’re typically entitled to compensation for repair costs or the vehicle’s value, whichever is lower.
- You can dispute a low total loss valuation with supporting documentation (like maintenance records or recent upgrades).
If the Other Driver Is Uninsured or Underinsured
If the at-fault driver doesn’t have insurance, or doesn’t have enough to cover your damage, you may need to rely on your own insurance, assuming you carry:
- Collision coverage: Pays for damage to your vehicle, regardless of who’s at fault.
- Uninsured motorist property damage (UMPD): Applies if the at-fault driver has no coverage at all.
In either case, you’ll likely have to pay your deductible up front. However, your insurer may pursue reimbursement through subrogation—a legal process where they recover damages from the at-fault party’s insurer. If successful, you may also get your deductible refunded.
Shared Fault Scenarios
Illinois follows a “modified comparative negligence” rule. If you’re partially at fault (less than 50%), your compensation may be reduced by your percentage of fault. If you’re found to be 50% or more at fault, you may be unable to recover damages from the other party.
Rental Car Coverage
While your car is being repaired, you may be entitled to a rental car. The at-fault driver’s insurance should cover reasonable rental costs. If using your own insurance, you’ll need rental reimbursement coverage to have this benefit.
Diminished Value Claims
Even after repairs, your vehicle may be worth less simply because it’s been in an accident. Illinois law allows you to pursue a “diminished value” claim against the at-fault driver’s insurance to recover this difference in market value.
Why Legal Help Matters
Insurance companies don’t always make the process easy. Delays, lowball valuations, or disputes over fault can slow or reduce your claim’s value.
At The Illinois Hammer Injury Law Firm, we help clients:
- Confirm fault and liability
- Dispute unfair vehicle valuations
- Navigate claims with uninsured or underinsured drivers
- Push for reimbursement of deductibles when possible
- Document and pursue diminished value claims
Don’t settle for less than you deserve. Contact us for a free consultation about your vehicle damage claim today.
